The following Terms and Conditions document is a legal agreement between Purple Square Design Limited, and “the Client” for the purposes of, but not limited to, website design and/or development, mobile application design, or HTML email design and/or development, or any other design work requested by the Client. These Terms and Conditions set forth the provisions under which the Client may use the services supplied.
ACCEPTANCE OF WORK
The contract between Purple Square Design Limited and the Client shall consist of the quotation with its specifications and these terms and conditions. It may not be necessary to have a signature for the contract to commence; verbal communication, email communication or other exchange making it clear that the work specified is required to be carried out shall constitute commencement of the contract, and a contractual agreement between the Client and Purple Square Design Limited shall exist based on the quotation with its specifications and these terms and conditions.
QUOTATIONS AND PROPOSALS
Proposals and Quotations are valid for 30 days from the date on the proposal or quotation. All prices quoted may be subject to change after this period and are subject to VAT at the current 20%. Purple Square Design Limited reserves the right to alter or decline to provide a quotation after expiry of the 30 days. Quotes will always be sent by email in PDF form and shall form a legal document just as if sent by traditional post.
Purple Square Design Limited is a small business, therefore to remain efficient we must ensure that any confirmed work is carried out at the agreed scheduled time, therefore, on occasions we may have to reject offers for work and enquiries to ensure that a current Client’s work is completed at the time arranged.
CURRENT BUSINESS HOURS
Normal working hours are 10.00am-4.00pm, Monday-Friday excluding weekends and bank holidays.
ANTICIPATED START DATE AND TIMELINES
Purple Square Design Ltd cannot always guarantee to start work immediately on a project, but will specify an anticipated date as to when work can commence within the brief of deliverables. Purple Square Design Limited will do its best to adhere to that but cannot guarantee to do so in the light of circumstances outside its control, in which case an alternative date will be specified. The project start date will be confirmed via email upon clearance of the 25% deposit.
Where, in the instance that a time scale has been agreed, Purple Square Design Limited will not be responsible for any consequential losses to the Client if the deadline is not met caused by lack of communication by the Client, or agreed milestones not being met by the Client. Purple Square Design Limited uses its best endeavours to ensure the project and other services remain functional at all time. However, due to the nature of the business, Purple Square Design Limited can not guarantee or warrant that the design process will be uninterrupted or error-free.
Once the design, website and/or other services meet the terms of the quotation with its specifications, any modifications to the design will be considered an amendment to the contract. In the absence of a maintenance agreement the time and costs involved in making such changes will be will be chargeable at an hourly rate during working hours (10.00am-4.00pm, Monday-Friday) and at double that rate outside normal working hours (5pm onwards, weekends and bank holidays).
HOURLY AND DAILY PROJECT RATES
Any projects billed on an hourly rate are charged at £37.50 per hour and are subject to VAT at the current 20%. Projects charged on an hourly basis will be charged in 30 minute intervals, rounded up to the nearest 30 minutes.
Any ad-hoc work charged on an hourly basis, requires a minimum of 24 hours notice for completion during working hours (10.00am-4.00pm, Monday-Friday) and may be charged at double that rate outside normal working hours (5pm onwards, weekends and bank holidays) or if less than 24 hour’s notice is provided.
All projects charged on a daily rate are charged at £300 per day and are subject to VAT at the current 20%. Daily rates are based on a 6 hour working day (10.00am-4.00pm, Monday-Friday) and may be charged at double that rate outside normal working hours (5pm onwards, weekends and bank holidays).
Due to the nature of the business, Purple Square Design Limited’s preferred method of communication is by email, however telephone calls can be arranged. The client accepts there may be times when an unplanned call is not convenient to take, i.e. outside of business hours or during pre-arranged client meetings or conference calls, in which case a voicemail may be left and a call back arranged.
PERMISSION AND COPYRIGHT
Copyright of the completed designs, images, pages, code and source files created by Purple Square Design Limited for the project shall be with the Client upon clearance of the final balance. All agreed files will be provided to the Client via download link and will be available to download for 7 days upon clearance of the final balance.
It is the Client’s responsibility to ensure the files are downloaded and saved accordingly, as Purple Square Design Limited cannot guarantee a backup of the files will be kept upon completion. Should the Client fail to download their files within the 7 days and request a new download link, an admin charge of £37.50 + VAT (£45) may be applied before a new link is provided.
DESIGN AND SUPPLY OF CONTENT
The Client hereby agrees that all media and content made available to Purple Square Design Limited for use in the project are either owned by the Client or used with full permission of the original authors. The Client agrees to hold harmless, protect and defend Purple Square Design Limited from any claim or suit that may arise as a result of using the supplied media and content.
If during the design or development process the Client does not supply the content required, or any review amendments to a provided concept, in good time in order to complete a project within the agreed time frame, Purple Square Design Limited reserve the right to close the project and invoice up to the full remaining balance, payable immediately.
The Client agrees that an HTML page built from a graphic design may not exactly match the original design because of the difference between the display in design software and the rendering of HTML code by Internet browser software. Purple Square Design Limited agrees to try to match the design as closely as is possible when building the code.
The Client agrees that Purple Square Design Limited reserves the right to include any work done for the Client in a portfolio of work unless an NDA has been provided by the Client and signed by Purple Square Design Limited before project commencement.
DOMAIN NAME RESEARCH AND REGISTRATION
Where the Client requests Purple Square Design Limited to research and register a domain name, the domain name will always be the property and in the control of the Client. If, for whatever reason, this is not possible then the Client will be informed of the fact. All fees and costs incurred will be payable by the Client in addition to the overall project costs.
WEBSITE HOSTING SERVICES
Hosting services, where your website is stored on a server for delivery to website visitors, and email services, are provided under a contract between the Client and the Client’s chosen hosting and email provider (Internet Service Provider (ISP)) and will be bound by the terms and conditions of that ISP. Purple Square Design Limited makes no commission on such recommendations or services and in recommending an ISP does so in good faith and cannot under any circumstances be held responsible or liable for any shortcomings or losses incurred as part of that contract.
ADVICE AND CONSULTANCY
Any advice given in respect of software, hardware, programming, design, purchasing, hosting, training, upgrading, installing or any other advice, suggestion, recommendation or otherwise of any product or service provided by us or by a third party, whether introduced by us directly or indirectly is accepted by you as an opinion and as such you agree that prior to acting on any of the aforementioned that you will first obtain professional advice. You further agree to indemnify us of all liability with regard to any decision or action performed by you that may or may not be a direct or indirect result of any contact or dealing with us. Our consultancy service and general advice is, by its nature, subjective. It is up to you whether you decide to follow our ideas and suggestions. It is not possible and we do not guarantee that any of those ideas and suggestions will increase traffic to your site, improve your ratings with search engines or boost sales.
WEB DESIGN STANDARDS, ACCESSIBILITY
Purple Square Design Limited makes every effort to design websites to current web standards and thus display well in the most popular current browsers and devices, but cannot accept responsibility for pages which do not display acceptably in new, untested, or no longer supported versions of web or mobile browsers. One version of the website will be created that will display well in all web-standard browsers and devices, and at all usual display resolutions.
Payment terms are strictly on receipt for deposits, and 14 days for final payments, unless otherwise agreed before work has commenced. Work will only begin once a deposit has cleared. All files will be released upon clearance of the final balance. Whilst any payment due under the agreement remains outstanding, Purple Square Design Limited shall be entitled at its sole and absolute discretion to withhold provision of any goods or services it would otherwise be otherwise be obliged to provide under the agreement. Projects placed on hold for more than 30 days will automatically be billed for work completed and are subject to termination and revised estimate if kept on hold for 60 days.
Purple Square Design Limited prefers payment by electronic bank transfer, however also accepts all major credit and debit cards.
LATE PAYMENT FEES
We understand and will exercise our statutory right to interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms.
In accordance with The Late Payment of Commercial Debt (Interest) Act (1988), clients who pay late must, by law, pay compensation and penalty interest. For debts of less than £1000 the penalty is £40, rising to £70 for debts up to £9,999.99 and £100 above that. Interest is payable at 8 per cent over Bank of England base rate. The penalties and interest now apply to all businesses regardless of size.
CANCELLATION AND TERMINATION
Purple Square may, by written notice via email or post, terminate the Agreement between us immediately upon the happening of any of the following events:
- You fail to pay any invoice which has become due.
- You commit a material breach of any of the terms of the Agreement between us.
- You enter into or propose a voluntary arrangement or composition with your creditors or reconstruction of your debts or your directors make a declaration of solvency for the purpose of a members’ voluntary winding up, or if notice is given of a creditors’ meeting in connection with a creditors’ winding up, or if a special resolution is passed that you be wound up by the court, or if an administrative or other receiver is appointed, or if the court makes and administration order or order that you be wound up by the court, or if you cease to carry on business or are unable to pay your debts within the meaning of the Insolvency Act 1986 Section 123.
Should Purple Square Design Limited decide to terminate the Agreement between us immediately upon the occurrence of one of the above circumstances, we reserve the right to exercise any other rights which we may have against you.
We reserve the right to remove from the Internet any website or other service which we display on your behalf upon the occurrence of one of the above circumstances.
Should we terminate the Agreement upon the occurrence of one of the above circumstances, we will not refund to you any monies paid by you to us. If at any point during the development a Client wishes to cancel; they may do so but will be invoiced up to the full amount quoted based on the degree to which the work has been completed and on the extent to which time has been allocated to the project that cannot be effectively used to generate revenue that would be otherwise lost.
Termination of services by the Client must be requested in a written notice either via traditional post, or via email, and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within 14 days.
CHANGES TO THESE TERMS AND CONDITIONS
Purple Square Design Limited reserves the right to add, delete, or modify any provision of these Terms and Conditions at any time without notice. Failure to receive notification of a change does not make those changes invalid.